When law enforcement finds someone in possession of an illegal drug, they will charge the accused with drug possession. Depending on the type of drug found, how much the accused was found with, and whether or not it was found on an minor, the sentencing associated with this crime can differ. No matter what, being found with an illicit substance can carry jail time, fines, and other penalties.
Some Possible Ways to Prove Innocence in a Drug Possession Case
Being charged with drug possession does not mean that the accused has committed any crime. There are a number of ways where someone found with drugs in their possession can be found innocent of alleged crimes they committed. Working with a drug defense attorney is the first step in discovering what defenses apply in the accused's case and proving them.
Any of these defenses can apply:
- Unlawful search and seizure was performed by law enforcement
- Substance found belongs to somebody else
- The accused either did not know they had the substance or that it was illegal
- Crime lab analysis shows that what is thought to have been an illicit substance is not
- Drugs were planted on the accused
- The accused was entrapped to commit a crime they normally would not have based on the actions of police officers
- Medical use for the substance that was discovered, usually applying to marijuana
Depending on the unique circumstances of any case, someone that has been accused of drug possession may have some possible defenses to reduce or eliminate charges against them. Key in any defense, however, is hiring an experienced drug crime attorney that will be able to identify the numerous ways that someone is innocent of a possession charge.